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PATENTS IN FOREIGN COUNTRIES Patent rights are strictly national – the protection afforded to an invention by a U.S. patent extends only to our national boundaries. Since a patent provides exclusive rights to make, use or sell your an invention, others cannot produce it in another country and import the invention for sale here after your invention is patented. This would violate your exclusive rights to sell and use the invention in the United States. But others can produce and sell it outside those countries in which you hold patents. If you contemplate a need for patent protection outside the United States, it is very important that this be discussed with patent counsel from the beginning to avoid loss of patent rights in foreign countries. There is no general international patent system or application. In most instances, applications must be filed in each selected country. Where larger groups of countries are involved, economies in filing and prosecuting foreign patents should be explored through the Patent Cooperation Treaty or the European Patent Office. |
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